Module 4 and 5 practice questions

pp. 316
PROBLEMS
1. O owns a fee simple and makes the following transfers. In which cases is there a
reversion?

a. O conveys “to A for life, then to B and her heirs.”

Answer:
 O—FSA
 A—life estate
 B—remainder (comma rule, no comma divides) but FSA as soon as A dies
 O—No reversion

b. O conveys “to A for life, then to B and the heirs of her body.”

Answer:
 O—FSA
 A—life estate
 B—Fee tail
 O—Reversion
 as soon as bloodline runs out it goes back to grantor

c. O conveys “to A for life, then to B and her heirs if B attains the age of 21 before A
dies.” At the time of the conveyance B is 15 years old. (If there is a reversion, what
happens to it if B reaches 21 during A’s life?)

Answer:
 O—FSA
 A—life estate
 B—remainder
 If B is 15 years old at the time of conveyance—reversion
 If B reaches 21 during A’s lifetime—no reversion—FSA

d. O conveys “to A for 20 years.”

Answer:
 O—FSA
 A—term estate
 Reversion
 Goes back to O after 20 years

2. O conveys Blackacre “to A for life, then to B for life.” O subsequently dies with a will
devising all of O ’s property to C. Then A dies and B dies. Who owns Blackacre?

Answer:
Module 4 and 5 practice questions

 O—FSA
 Reversion
 Reversion is assignable so goes to C

pp. 318
PROBLEMS

O conveys Blackacre “to A for life, then to B if B gives A a proper funeral.” Does B have a
remainder or an executory interest? If it is an executory interest, whose interest will be divested
if B gives A a proper funeral?

Answer:
 A—life estate
 B—remainder executory interest
 B’s interest follows a life estate so remainder, but hours or days are going to elapse
before funeral, during that time there will be a reversion. Since executory interest
follows a reversion, B has an EI instead of a remainder.

pp. 321
PROBLEMS

1. O conveys “to A for life, and in the event of A’s death to B and her heirs.” Is B’s remainder
vested or contingent? If B, while A is still alive, later conveys her interest back to O, what does
O have?

Answer:
 O—reversion or remainder
 A—life estate
 B—indefeasibly vested remainder
 B is known and there are no conditions

2.a. O conveys “to A for life, then to B for life, then to C and her heirs.” What interests are
created?

Answer:
 O—
 A—life estate
 B—indefeasibly vested remainder for life
 C—has another indefeasibly vested remainder too

2.b. O conveys “to A for life, then to B for life, then to C and her heirs if C survives A and B.”

Answer:
 A—life estate
 B—indefeasibly vest remainder
Module 4 and 5 practice questions

 C—apply the “common rule”

 C has a contingent remainder because gift and condition are in the same clause

3. O conveys “to A and B for their joint lives, then to the survivor in fee simple.” Is the
remainder vested or contingent?

Answer:
 A and B—share a life estate
 Survivor’s remainder is contingent because we do not know which one will survive.

4.a. O conveys “to A for life, then to A’s children who shall reach 21.” A’s oldest child, B, is 17.
Is the remainder vested or contingent?

Answer:
 A—life estate
 A’s children—contingent remainder
 We do not know which ones will reach 21

4.b. B subsequently reaches 21. Is the remainder vested or contingent?

Answer:
 B’s interest turns into a vested remainder subject to open because he may have to share
with other children

PROBLEMS AND NOTE

1. O, owner of Wiseacre, comes to you to draft an instrument of gift. O tells you he wants to
convey Wiseacre to his son A for life, and upon A’s death O wants Wiseacre to go to A’s
children if any are alive or, if none are then alive, to O ’s daughter B. Consider the following
conveyances, all carrying out O ’s intent, but each creating different future interests. Identify the
future interests.

O—reversion
A—life estate
A’s children—contingent reminder
B—vest remainder

(a) O conveys “to A for life, then to A’s children and their heirs, but if at A’s death he is not
survived by any children, then to B and her heirs.” At the time of the conveyance, A is alive and
has no children. What is the state of the title? Two years after the conveyance, twins, C and D,
are born to A. What is the state of the title? Suppose that C dies during A’s lifetime, and that A is
survived by B and D. What is the state of the title?

Answer:
 A—life estate
Module 4 and 5 practice questions

 A’s born children—vested remainder subject to complete divestment

 B—EI only because that follows VCD

(b) O conveys “to A for life, then to such of A’s children as survive him, but if none of A’s
children survives him, to B and her heirs.” At the time of the conveyance, A is alive and has two
children, C and D. What is the state of the title?

(c) O conveys “to A for life, then to B and her heirs, but if A is survived at his death by any
children, then to such surviving children and their heirs.” At the time of the conveyance, A is
alive and has two children, C and D. What is the state of the title?

2. T devises $10,000 “to my cousin, Don Little, if and when he survives his wife.” What does
Don Little have? In re Little’s Estate, 170 A.2d 106 (Pa. 1961). Why do you suppose that the
testator would make such a devise?

3. For a proposal to reform and simplify the system of estates through a Uniform Future Interests
Act, see T.P. Gallanis, The Future of Future Interests, 60 Wash. & Lee L. Rev. 513 (2003).

REVIEW PROBLEMS

Applying the traditional system of estates and future interests, for each problem below, identify
all present estates and future interests in existence at the times indicated and on the basis of the
facts stated.

1. O conveys “to A for life, then to B for life, then to C ’s heirs.” A, B, C, and O are all alive at
the time of the conveyance. C is unmarried and has two living children, X and Y.

Answer:
 O—reversion
 A—life estate
 B—vest reminder
 C’s heirs—contingent reminder


2. O conveys “to A upon her first wedding anniversary.” A is alive and unmarried at the time of
the conveyance. O is also then alive.

Answer:


3. O conveys “to A for 10 years, then to such of A’s children as attain age 21.” At the time of the
conveyance, A and O were alive. A had two children, X and Y, ages 20 and 17, respectively.

4. Applying the same facts as in Problem 3, assume that X later attains age 21 and Y is still under
age 21. A and O are both still alive.
Module 4 and 5 practice questions

5. Applying the same facts as in Problem 3, assume that X dies when X is age 22 and Y is age
19. O is still alive.

6. O conveys “to A for life, then to A’s children.” A and O are alive at the time of the
conveyance. A has one child, X.

7. Applying the same facts as in Problem 6, assume that A has another child, Y, and then A dies
survived by X, Y, and O. Identify all of the estates and future interests existing as of A’s death.

8. O conveys “to A for life, then to B and her heirs; but if B marries Z, then to C and his heirs.”

9. O conveys Blackacre “to A for life, then to B and her heirs so long as Blackacre is organically
farmed.”

10. O conveys a sum of money “to A if she graduates from college.” A is not yet enrolled in
college.

PROBLEMS AND NOTE

We said earlier that examples help when one is trying to understand the Rule Against
Perpetuities. So do problems. Apply the Rule to determine the validity of each interest in the
following dispositions. (Assume that all parties designated by a capital letter (e.g., A) have been
born by the time of the transfer.)

1. O conveys “to A for life, then to B if B attains the age of 30.” B is now 2 years old.
2. O conveys “to A for life, then to A’s children for their lives, then to B if B is then alive,
and if B is not then alive, to B’s heirs.” Assume that A has no children at the time of
conveyance.
3. O, a teacher of property law, declares that she holds in trust $1,000 “for all members of
my present property class who are admitted to the bar.” Is the gift good? Suppose that O
had said “for the first child of A who is admitted to the bar.” In analyzing the validity of
the gift to A’s first child admitted to the bar, does it matter whether A was alive or dead
at the time of the conveyance?
4. O conveys “to A for life, then to A’s children who reach 25.” A is alive and has a child,
B, age 26, living at the time of the conveyance. Is the remainder valid? Do you see the
relevant difference?)
5. O conveys “to A for life, then to A’s widow, if any, for life, then to A’s issue then
living.” Is the gift to A’s issue valid? See Dickerson v. Union Natl. Bank of Little Rock,
595 S.W.2d 677 (Ark. 1980).
6. T devises property “to A for life, and on A’s death to A’s children for their lives, and
upon the death of A and A’s children, to [the person or persons indicated in the bracketed
examples below].”A and B survive T. A has one child, X, who also survives T. Is the
devise of the remainder in fee simple valid or void under the Rule Against Perpetuities if
the following words are inserted in the brackets?
(a) [“B if A dies childless”]
Module 4 and 5 practice questions

(b) [“B if A has no grandchildren then living”]

(c) [“B’s children”]
(d) [“B’s children then living”]
(e) [“A’s grandchildren”]
(f ) [“T ’s grandchildren”]

In solving the class gift problems above, focus first on when all the class members will be
ascertained (within lives in being plus 21 years?) and second on when all conditions precedent, if
any, will be met for all members of the class (within lives in being plus 21 years?).